CCR2003187.
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AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #187-2003
APPROVAL OF AMENDMENT NO.1 TO
AGREEMENT BETWEEN THE CITY OF MUSKEGO AND
THOMAS AND SHARON WERNETTE
WHEREAS, The Common Council approved a Developer's Agreement between the
City of Muskego and Thomas and Sharon Wernette on March 11, 2003; and
WHEREAS, An amendment to the Agreement is proposed.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Public Works Committee, does hereby
approve the attached Amendment No.1 to the Agreement between the City of
Muskego and Thomas and Sharon Wernette. .
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the document in the name of the City, with any technical changes or corrections to
be made as requested by the City Attorney.
BE IT FURTHER RESOLVED That this resolution is subject to the approval of all plans
and specifications of the recreation trail by the Engineering/Building Inspection Director.
DATED THIS 26th AUGUST DAY OF ,2003.
SPONSORED BY:
PUBLIC WORKS COMMITTEE
Ald. Nancy Salentine
Ald. Eileen Madden
Ald. Chris Buckmaster
Deferred 8/26/2003
Reconsidered 8/26/2003
This is to certify that this is a true and accurate copy of Resolution #187-2003 which
was adopted by the Common Council of the City of Muskego.
8/03jmb rk h1~ CI -Treasurer
AMENDMENT NO.1 TO
. WERNETTE - CITY OF MUSKEGO
SUBDIVIDER'S AGREEMENT
This Agreement, made this
-
day of , 2003 by and between Thomas J. Wernette and
Sharon A. Wernette, husband and wife, (the "Developer") and the City of Muskego, a municipal
corporation ofthe State of Wisconsin, located in Waukesha County, (the "City").
WITNESSETH
WHEREAS, On May 9, 2003 Developer and City entered into a Subdividers Agreement relating to the
land division for property described as Parcels 1-4 inclusive of Certified Survey Map No. 9573 recorded
as document no. 2989351 in volume 88 of Certified Survey Maps Pages 12-15, being a part of the NE Y.
of the SW Y. and the SE Y. of the NW Y. of Section 11, City of Muskego, Waukesha County, Wisconsin,
and
WHEREAS, the Subdivider is required to make and install certain public improvements ("Improvements")
reasonably necessary for the Development according to municipal specifications without cost to City;
and Subdivider and City desire to amend the Subdividers Agreement executed May 9, 2003.
WHEREAS, On July 22, 2003 the Public Works Committee approved new specifications to permit the
construction of the recreation trail within Woods Road right-of-way, and
WHEREAS, the Subdivider and City desire to amend the Subdividers Agreement to address the revised
. plans and improvements.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
SECTION III: TIME OF COMPLETION OF IMPROVEMENTS
Section III of the Subdividers Agreement executed May 9, 2003 is amended by deleting the
existing paragraph and replacing it as follows:
The recreation trail grading and installation of base course of traffic bond shall be completed no later
than November 1, 2003. The recreation trail asphalting and restoration outlined in Section I shall be
completed by the Developer within no later than July 1, 2004, or except if an earlier date is provided for
in the Agreement.
If the improvements described herein is not completed by July 1, 2004, the Developer shall extend the
Cash Deposit Account in a form acceptable to the City until such time as the final surface course of
pavement is completed.
If the City receives notice of the intention to terminate the project prior to completion of the final surface
course pavement, such notice shall be considered a failure to complete improvements in accordance
with this agreement and shall entitle the City to immediately draw against the Cash Deposit Account.
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AMENDMENT NO.1
Wernette - City of Muskego
Page 2
SECTION X : BUILDING AND OCCUPANCY PERMITS
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Section x of the Subdividers Agreement executed May 9, 2003 is amended by deleting paragraph
3 and replacing it as follows:
3. The recreation trail grading and base course of traffic bond has been constructed to City
specifications to the satisfaction of the Director of Engineering and Building.
RELATION TO Mav 9, 2003 DEVELOPERS AGREEMENT
Except as modified by this Amendment No.1, all provisions of the Subdividers Agreement
executed May 9, 2003 remain in full force and effect.
PARTIES TO AMENDMENT NO.1
IN WITNESS HEREOF, Developer has caused this Agreement to be signed by its appropriate officers
and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written
above.
A.DEVELOPER
By:
Thomas J. Wernette
.
By:
Sharon A. Wernette
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this _day of , 2003, Thomas J. Wernette and Sharon A.
Wernette, to me known to be the persons who executed the foregoing instrument and acknowledged the
same.
Notary Public-State of Wisconsin
My Commission Expires
IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and
their seals to be hereunto affixed in duplicate original counterparts on the date and year first written
above.
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AMENDMENT NO.1
Wernette - City of Muskego
Page 3
B. City Of Muskego:
.
BY:
Mark A. Slocomb, Mayor
BY:
Jean K. Marenda, City Clerk/Treasurer
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this day of ,
2003, the above named Mark A. Slocomb,
Mayor, and Jean Marenda, City Clerk/Treasurer, of the above-named municipal corporation City of
Muskego, to me known to be the persons executed the foregoing instrument, and to me known to be
such Mayor and City CierklTreasurer of said municipal corporation, and acknowledged that they
executed the foregoing instrument as such officers as the deed of said municipal corporation by its
authority and pursuant to the authorization by the Common Council from their meeting on
the day of , 2003.
Notary Public-State of Wisconsin
. My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Amendment NO.1 to the Wernette
Developers Agreement, as entered into on the day of , 2003 by and between Thomas
and Sharon Wernette and the City of Muskego, pursuant to the authorization by the Common Council
from their meeting on the day of , 2003.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerklTreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this- day of ,2003.
(Notary PUblic)
. My commission expires
.
.
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'-"
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #187-2003 ~/ (ý
APPROVAL OF AMENDMENT NO.1 TO
REEMENT BETWEEN THE CITY OF MUSKEGO AND
THOMAS AND SHARON WERNETTE
WHEREAS, The Com n Council approved a Developer's Agreement between the
.
City of Muskego and Tho as and Sharon Wernette on March 11, 2003; and
WHEREAS, An amendment t the Agreement is proposed,
NOW, THEREFORE, BE IT RES VED That the Common Council of the City of
Muskego, upon the recommendatio of the Public Works Committee, does hereby
approve the attached Amendment No, to the Agreement between the City of
Muskego and Thomas and Sharon Wer tte.
BE [T FURTHER RESOLVED That the May and Clerk-Treasurer are authorized to
sign the document in the name of the City, wit any technical changes or corrections to
be made as requested by the City Attorney.
,2003.
SPONSOR BY:
PUBLIC WO~ COMMITTEE
Ald. Nancy Salent e
Aid, Eileen Madden
Aid, Chris Buckmaste
DATED THIS DAY OF
This is to certify that this is a true and accurate copy of Resolution #187-2003 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
8/03jmb